Feb 18, 2023 10 Motion for Entry of Interim and Final Orders Authorizing (A) Maintenance of Existing Bank Accounts, (B) Continued Use of Existing Cash Management System and (C) Continued Use of Existing Business Forms Filed by All Ways Concrete Pumping, LLC. (Attachments: # 1 Exhibit A - Proposed Interim Order # 2 Exhibit B - Proposed Final Order) (Donato, Stephen) (Entered: 02/18/2023) Feb 18, 2023 11 Motion for Entry of Interim and Final Orders Authorizing the Debtor to Pay Prepetition Taxes and Regulatory Fees Filed by All Ways Concrete Pumping, LLC. (Attachments: # 1 Exhibit A - Proposed Interim Order # 2 Exhibit B - Proposed Final Order) (Donato, Stephen) (Entered: 02/18/2023) Feb 18, 2023 12 Declaration re: (Declaration of Diana L. Sroka in Support of Chapter 11, Subchapter V, Petition and First Day Motions) Filed by All Ways Concrete Pumping, LLC (related document(s)7, 9, 11, 8, 10). (Attachments: # 1 Exhibit A - Balance Sheet # 2 Exhibit B - Budget) (Donato, Stephen) (Entered: 02/18/2023) Feb 18, 2023 13 Adversary case 23-50002-5. (71 (Injunctive relief - reinstatement of stay)),(91 (Declaratory judgment)) Complaint by All Ways Concrete Pumping, LLC against Upstate New York Engineers Health Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers Pension Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers S.U.B., by Deborah Spaulding, as Administrator, Upstate New York Engineers Training Fund, by Theron Hogle and Eugene Hallock, as Trustees, Local 106 Training and Apprenticeship Fund, by Daniel J. McGraw and Eugene Hallock, as Trustees, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, by its Board of Trustees, Upstate New York Operating Engineers, Local 158, by Daniel McGraw, as Business Manager. Fee Amount of $350 is DEFERRED.. (Attachments: # 1 Exhibit 1 - Amended Complaint in District Court Action # 2 Exhibit 2 - Answer to Plaintiffs' Amended Complaint and Counterclaims in District Court Action # 3 Cover Sheet) (Donato, Stephen) (Entered: 02/18/2023) Feb 20, 2023 14 TEXT ORDER: The court is in receipt of the Declaration of Diana L. Sroka in Support of Chapter 11, Subchapter V, Petition and First Day Motions ("Declaration," Doc. 12); Motion for Entry of an Order: (A) Authorizing the Debtor's Emergency Use of Cash Collateral and Credit Cards, (B) Granting Adequate Protection, and (C) Scheduling Hearing for Approval of the Debtor's Continued Use of Cash Collateral and Credit Cards on a Final Basis ("Cash Collateral Motion," Doc. 7); Motion for Interim and Final Orders (I) Authorizing Payment of Prepetition Wages, Salaries and Benefits, (II) Authorizing Continuation of its Employee Benefit Programs in the Ordinary Course of Business, and (III) Directing Banks to Honor Prepetition Checks for Payment of Prepetition Wage, Salary and Benefit Obligations ("Wage Motion," Doc. 8); Motion for Interim and Final Orders (A) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Services to and/or Discriminating Against the Debtor on Account of Prepetition Amounts Due, (B) Determining that the Debtor's Utilities are Adequately Assured of Future Payment, (C) Authorizing the Debtor to Pay Adequate Assurance Deposit, and (D) Establishing Procedures for Objecting or Requesting Additional Assurance of Payment ("Utility Motion," Doc. 9); Motion for Entry of Interim and Final Orders Authorizing (A) Maintenance of Existing Bank Accounts, (B) Continued Use of Existing Cash Management System and (C) Continued Use of Existing Business Forms ("Cash Management Motion," Doc. 10); and Motion for Entry of Interim and Final Orders Authorizing the Debtor to Pay Prepetition Taxes and Regulatory Fees ("Tax Motion," Doc. 11, collectively the "First Day Pleadings"). In light of the emergency nature of the relief sought in the First Day Pleadings, the court schedules a hearing for February 22, 2023 at 12:00 p.m. (the "Emergency Hearing"). Counsel for Debtor is directed to provide notice of the Emergency Hearing via facsimile, electronic or overnight mail to: (i) the Office of the United States Trustee for the Northern District of New York, 10 Broad Street, Room 105, Utica, New York 13501, Attn: Erin Champion, Esq.; (ii) counsel for Five Star Bank, Phillips Lytle LLP, One Canalside, 125 Main Street, Buffalo, New York 14203, Attn: Angela Z. Miller, Esq. and Catherine N. Cervone, Esq.; (iii) the subchapter V trustee or any statutory committee appointed in this Subchapter V Case or, if no such trustee or committee has been appointed, the Debtor's twenty (20) largest unsecured creditors as set forth in the list filed with the Debtor's petition; (iv) each of the Debtor's Secured Creditors, (v) all required governmental agencies, (vi) all Utility Companies identified on the Utility List filed with the Utility Motion, (vii) the Debtor's cash management banks identified in the Cash Management Motion, and (viii) any other party appearing in the Subchapter V Case and requesting notice pursuant to Bankruptcy Rule 2002. The Emergency Hearing can be accessed by dialing (888) 398-2342 and entering access code 3187406#. SO ORDERED this 20th day of February, 2023, by Wendy A. Kinsella, United States Bankruptcy Judge. (related document(s)7, 9, 11, 8, 10). (Murine, Rochelle) (Entered: 02/20/2023) Feb 20, 2023 Hearing Set (related document(s):7, 8, 9, 10, 11). Hearing scheduled for 2/22/2023 at 12:00 PM at Syracuse Courtroom. (per text order at doc. 14) (Murine, Rochelle) (Entered: 02/20/2023) Feb 20, 2023 15 Notice of Appointment of Subchapter V Trustee. Francis J. Brennan-Trustee added to the case. Filed by U.S. Trustee. (Attachments: # 1 Verified Statement)(Champion, Erin) (Entered: 02/20/2023) Feb 21, 2023 16 Notice of Deadlines. Atty Disclosure Statement due 3/3/2023.Small Business Balance Sheet due 2/24/2023.Corporate Ownership Statement due 2/17/2023.Small Business Cash Flow Statement due 2/24/2023. List of Equity Security Holders due 3/3/2023.Schedule A/B due 3/3/2023. Schedule D due 3/3/2023.Schedule E/F due 3/3/2023. Schedule G due 3/3/2023. Schedule H due 3/3/2023. Statement of Financial Affairs due 3/3/2023.Summary of Assets and Liabilities and Certain Statistical Information due 3/3/2023.Small Business Statement of Operations due 2/24/2023.Affidavit Pursuant to LR 2015 due by 2/27/2023. (Straile, T) (Entered: 02/21/2023)